An Australian Comparison on Native Title to the Foreshore and Seabed

Dorsett, SG

An Australian Comparison on Native Title to the Foreshore and Seabed

Dorsett, SG

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Publisher:: Victoria University Press
Publication Type:: Chapter
Citation:: Maori Property Rights and the Foreshore and Seabed, 2007, 1, pp. 59 - 82
Issue Date:: 2007-01

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Field	Value	Language
dc.contributor.author	Dorsett, SG https://orcid.org/0000-0002-3541-5164	en_US
dc.contributor.editor	Charters, C	en_US
dc.contributor.editor	Erueti, A	en_US
dc.date.issued	2007-01	en_US
dc.identifier.citation	Maori Property Rights and the Foreshore and Seabed, 2007, 1, pp. 59 - 82	en_US
dc.identifier.isbn	0864735537	en_US
dc.identifier.uri	http://hdl.handle.net/10453/14405
dc.description.abstract	In November 2004, the New Zealand Parliament passed the Foreshore and Seabed Act (FSA).1 In so doing. it passed legislation which goes further towards denying Maori the opportunity to establish aboriginal title than comparative legislation which affects indigenous land rights in any other common law country. In essence the FSA removes the right of Maori to apply to Te Kooti Whenua Maori (the Maori Land Court) for territorial customary claims. It extinguishes aboriginal territorial claims to the foreshore and seabed and replaces such claims with a right to argue before the High Court that aboriginal title would have existed but for the legislation. However, there is no accompanying guarantee of compensation for this extinguishment. Finally. it allows for an application for recognition of a non-territorial customary right. known as a customary rights order, to be made to either the Maori Land Court or the High Court. Again, this statutory provision replaces common law jurisdiction.	en_US
dc.publisher	Victoria University Press	en_US
dc.relation.ispartof	Maori Property Rights and the Foreshore and Seabed	en_US
dc.title	An Australian Comparison on Native Title to the Foreshore and Seabed	en_US
dc.type	Chapter
utslib.location	Wellington, New Zealand	en_US
utslib.for	1801 Law	en_US
utslib.citation.edition	1	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.edition	1	en_US
pubs.place-of-publication	Wellington, New Zealand	en_US

Abstract:

In November 2004, the New Zealand Parliament passed the Foreshore and Seabed Act (FSA).1 In so doing. it passed legislation which goes further towards denying Maori the opportunity to establish aboriginal title than comparative legislation which affects indigenous land rights in any other common law country. In essence the FSA removes the right of Maori to apply to Te Kooti Whenua Maori (the Maori Land Court) for territorial customary claims. It extinguishes aboriginal territorial claims to the foreshore and seabed and replaces such claims with a right to argue before the High Court that aboriginal title would have existed but for the legislation. However, there is no accompanying guarantee of compensation for this extinguishment. Finally. it allows for an application for recognition of a non-territorial customary right. known as a customary rights order, to be made to either the Maori Land Court or the High Court. Again, this statutory provision replaces common law jurisdiction.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/14405